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Online Buyer Procedures & Agreement
For All purchases made through Online or Absentee Bidding
Inspection of Pony: I agree that, prior to bidding, I have the right to request additional information from the seller, inspect the pony or
have a veterinarian or my representative inspect the pony at my expense. I agree that by placing a bid through online bidding, I have
performed sufficient examination of the pony to make the purchase. Once I have placed a bid through the online auction, I specifically
waive my right to dispute the purchase of the pony due to any faults or points of conformation or disposition that could have been
observed by an examination of the pony.
Binding Contract: I agree that if I place the highest bid for a pony, and I am recognized as the Buyer, I have entered into a binding, nonnegotiable
contract with Professional Auction Services, Inc. to purchase the pony.
Bidder Registration: To be approved to bid, through HorseAuctions.com and BidSpotter.com:
• Provide complete personal information, credit card information and bank information.
• In order to be approved, I agree that PAS, Inc. can verify on my credit card an amount equal to:
-Up to $20,000, PAS, Inc. can verify on my credit card 100% of the amount for which I want to be approved to bid. I agree that the
amount verified can be used make payment if I purchase a pony. SEE PAYMENT CONDITION BELOW. (The amount of funds
verified may be blocked from use on the credit card for up to 72 hours)
• If you expect to bid more than $20,000, or more than can be charged to your credit card, you need to register by 12 noon (EDT) on
Tuesday, August 10, 2010 so we can contact your bank to obtain a reference or make additional financial arrangements.
• Bidder can deliver funds to PAS prior to the Sale by approved check, bank check or bank wire transfer. Any funds not used for purchase
or expenses related to purchase will be returned to bidder immediately after the Sale. Any funds deposited will be held in a USDA
registered Custodial Account.
• Bidder must be prepared to make arrangements for Board and Transport of purchase.
Online Buyer Convenience Fee (Buyer’s Premium) – An additional Buyer’s Premium of 3% (three percent) of the Final Bid Price will
be charged to Online Buyers. This is added to the Buyers’s Premium of 7% (seven percent) of the Final Bid Price charged for all
purchases. TOTAL BUYER’S PREMIUM CHARGED FOR ONLINE PURCHASES IS 10% (ten percent) OF THE FINAL
BID PRICE.
Conditions for purchase using Credit Card:
(a) Payment: If I am the successful purchaser of any pony in this auction, American Hunter Pony Classic, I agree that PAS can process
my credit card immediately following the purchase for the total purchase-price:
• On purchases up to $20,000: for the amount verified on my credit card(s).
• For any amount above $20,000: process an amount for the total purchase-price up to the amount that was verified on the credit card,
OR process the amount verified as a non-refundable deposit, with the balance to be paid to Professional Auction Services, Inc. not later
than 5:00 pm. EDT, Friday, August 13, 2010.
The total purchase-price shall include the Online Buyer Convenience Fee (3%), Buyer’s Premium (7%), and any applicable Sales Tax.
I agree that if I intend to bid on other horses I will place an additional deposit.
(b) Additional Expenses: Professional Auction Services may charge to my credit card any expenses related to the purchase and care of
the horse including, but not limited to, board, transport, veterinary or other expenses.
(c) Amended Conditions: I agree to the amended Conditions Of Sale for purchases made by credit card through online bidding. A
purchase made by credit card is on the basis of ALL SALES FINAL and I accept the horse AS IS.
(d) Dispute: I agree that I waive my right to dispute this purchase through the credit card company which issued the card used for the
purchase. I agree that if I make a claim of misrepresentation or fraud against the seller, I will submit information to support my claim
to PAS consistent with the Conditions Of Sale as stated in the catalog. PAS will review the information provided by the buyer and
make a recommendation to resolve the matter consistent with the Conditions Of Sale. If the matter is not resolved by the recommendation
of PAS then the buyer and seller agree to submit to binding arbitration.
(e) Binding Arbitration: In the event of a dispute between the parties, a claim to enforce this Agreement or the allegation of a default,
which is not resolved by agreement, the parties waive the right to litigate the issue and agree the matter shall be submitted to binding
arbitration, pursuant to the Code of Virginia, using a single arbitrator to be selected by the parties. If the parties cannot agree on the
selection of the arbitrator, they shall allow the arbitrator to be designated by Professional Auction Services, Inc. The arbitration shall
take place in Clarke County, Virginia, unless mutually agreed otherwise. In any procedures arising out of, regarding or related to this
Agreement, the party found to be at fault shall pay to Professional Auction Services, Inc., Professional Auction Services, Inc.’s costs,
expenses and attorney’s fees incurred in such proceeding, in addition to any amounts awarded in such proceedings in the event Professional
Auction Services, Inc. substantially prevails. Any parties to the sale may bring no action, regardless of form, including arbitration,
more than one year after the cause of action has accrued. Should either party fail or refuse to cooperate upon a demand for
arbitration, the non-cooperative party shall automatically be declared the defaulting party by the arbitrator.
Conditions for purchase with deposit of funds with PAS prior to the auction:
If buyer delivers funds to PAS prior to bidding and pays for the pony entirely by check, cash or bank transfer of funds to PAS, then the
purchase will be subject to the Conditions Of Sale as stated in the sale catalog, with regard to disputes made by the buyer. Buyer is
subject to the Condition stated above, regarding prior inspection when placing bids through online bidding.
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